The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-14
TRIUMPHANT!


'redicated. The ditstiOn u, whether th
appropriation" Il These inappropriate
unds is ultra wires Of the Taxing District, G
whether its commiaiotcrs have the power [
them 10 PRESSING I'd legitimat
purposes. It il not whether the
an appropriate them to extra municipi
purposes. but 10
PURELY MUNICIPAL PURPOSES.
II Is not ..powcr OF taxation that
laimcd, but a power of appropriation {
unds actually on hand and inappropriate
The power OF appropriation is clearl
granted TO the commissioners under the law
nd us an example OF this power the siatut
cvics tax of so cents ''fOr the repair an
,aYing OF streets and bridges and constru
ion OF sewers, drains and sanitary purposes.
This is n gross tax levied for a
hesc purposes without in any manner ind
nting what proportion OF II shnll be use
or each OF the several purposes. Section
II the act gives TO The fire and police con
nissiOners power TO exercise supervise
,ver the paving and repairs OF streets, Il
construction OF drains and sewers and oth'
anitary work, bridges, etc. From til
lower 10 exercise supervision and frol
he power to contract for work, material an
cryices, implied from the prohibition TO d
his in excess Of t,xes levied and from n
cone of the aot and because IL is essential
he purpose OF the corporation, the autho
ty OF the fire and police commissioners
and expend the tax collected
Inferred and stands unChallcnged by an
me. But the proportion OF th Is tax to
pplied TO the several purposes for which
; raised, and the manner Of its appropri
ion Is NECESSARILY mud clearly leit 10 Il
otlnd discretion of these commissioners
Then the mower Of AUGMENTATION
~ coNfEssEDLN GRANTED
~ the act 10 tho commissioners, and II
isciul TO notice in passing that even tn
lower Is conceded, not because IL Is express
granted, but because IL is implied from Il
cope and language Of the net and eSsenti
% the purposes of the corporation. The
With this conceded power OF appropriation
~ what clauses of the statute may we ref
OF inc authority oil the commissioners 70 a
,rrrnt and Ieritimsta munirinai nurnosc
IXpress mower h GRANTED 10 mss ali laws
,roserve Inc health az Tho district - $50 NAL
quarantine laws and enfor,e Inc same with
en- miles of Tho Tnxinr District. y 80 csta
ish and regulate hnspitals I'm accordnn
with the present laws ~ The state - $50 !
miro citizens 10 donosit ali unhealthy m
erial in the streets IA be- carried off by n
,ublic cnrts. - 30 make ,,reserye aud IN
,roye stcnm.bo and tat-boat Landings m
III wharycs in the Taxing District" 10 esta
ish and regulate markets and mark
go mako nroyisions for Light,
.lrerts. etc. :" .'fo erect oll necessary mil
- $40 renair and keen In rem,
.trrets ctc - 0And ,Lcv sbnIl have nov,
,yer nil nthcr affair. In Tho Taxing Distri
N which the ncace s,icly and GENERAL "A,
arc nj tbe ri,iIcns arc intcre.icJ9'
out of tbr lnng list nc enumerated nou,,
hose only INV, h,.,.r L.ra ,rl.,.,cd ,Lat
,uire the ,ynendilnrc nf money A. i,,
lcnt ~, ,,ssortiai ~ ,h,.n ,,n,,o;, or ~ -,
,raccd In the gen.rnl welfare clause nbo,
,untcd ar a. sa,,ct;n,.d h,. ibc sco,., a,
81 ,ie act 80 ,o,,or 90 .,,rro,,,
AZ, hoe t,rds -
-
MUST FIND WARRANT,
otherwise Il does moi bxist. II Is conced,
hat this power residds with these comm
,ionors or with the legislature. OF the stat
md II i quite clearS HAT there Il not II
Ilightest Indication fnIthc act Of the rcsery
ion Of such power blythe legislature: NOR
,ver. IL Il equally clear that by the net the lie
stature intended 10 commit the entire co
rol aud government of tho Taxing Distri
md H. affairs, for the time being. 10 the
,iiicers. Still further il may he prcsum,
hat amy use OF thesp funds by the COMM
toners for urgent aud proper munich
,urpoScs. would meet with legislative san
ION, and il Is absolutely clear that the Leg
allure would haze no disposition or pow,
10 take them frttm the people who rails,
hem and apply them 10 State purp.-cs
"a the uses 81 another locality. Hence
ollows that these funds will moi and cann
W. used for any other purposes than mum
pal purposes In the Taxing District by n
legislature of the State. With this undo
tanding Of the statute-which Is the eco
Of the Taxing District. embrac,
, iih;n marrow compass and expressed
General terms like other constitutional
II. as proposed above. resort Ia the highs
ource Of authority--the supreme court
lac United Statcs-for guidance IN decidil
lac delicate aud important questions lac
involved.
II i settled thai under the constitution
Inc United States the government l. one
powers that Il can exercise on
Inc power granted 10 H. including pow,
incidental 10 those expressly granted and
.ential 10 the purposes Of IT, CREATION. IN
culloch W. Maryland, q Wheat. 81. A
icrson ". Dunn, 4 Wheat, 90. Les
Tender cnScs, 10 L. =, EN-
II will be observed that lhi. statement
the powcr- IL the government Of the Unit
states, under it, constitution. currcspon
exactly with the rule hrrciubefnrr quot
fr,m Judge billions work. IN reference
the power of municipal corporations unt
their constitutions. ~ that the pn-cdei
found IN the reports OF the supreme rot
of the United state, settling the constr,
tion Of the constitution Il the United Stat
arr not only the safest, but legitimate Q
ihoriiy in this case;
=, " ~ une wa, nl'l Iu,li,c Nal '''hil
W. ul,9gn - -, si l,,n, ~ w au''
h''lnh lhnl ,ul.,I 'l,E ~. t "'s,i',i
nus nv, ILL., '',a' =, \. = ''''''.',u. y
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lhl' Hi'al '',u''. =, au',til'N We u'ay s.'''
:" even w eai'ou'Il'ng ~ Maf'.u.
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